Use of waste on land for soil improvement
Changes to the way we regulate
The way we regulate the application of waste to land for soil improvement, including the application of treated sewage sludge, is changing.
Currently these activities are regulated under two pieces of legislation:
- The Sludge (Use in Agriculture) Regulation 1989
- Paragraph 7, 8(1) or 8(2) exemption to The Waste Management Licencing (Scotland) Regulations 2011
From 1 November 2025 these activities will be regulated under the Environmental Authorisations (Scotland) Regulations 2018 (EASR).
You can apply for an EASR authorisation from 1 June 2025. Any authorisation granted will not take effect until 1 November 2025.
What this means for you
Everyone that carries out application of waste to land for the purpose of soil improvement activities will have to apply for a new EASR authorisation. When you apply will depend on your current arrangements.
Applying for an authorisation for a new activity before 1 November 2025
If you are applying for an authorisation to carry out a new application of waste to land activity before 1 November 2025, you can choose to, either:
- Apply for a new EASR authorisation, or
- Register a new Paragraph 7 or 8(2) waste exemption.
If you choose to register a new exemption, this will be valid for 12 months from date of issue. You will not be able to renew the exemption after it expires and will have to apply for am EASR authorisation before the expiry date.
Existing Paragraph 7 and 8(2) waste exemption due to expire before 1 November 2025
If you currently carry out activities under a Paragraph 7 or 8(2) waste exemption that will expire before 1 November 2025, you can choose to, either:
- Apply for a new EASR authorisation, or
- Renew your exiting new Paragraph 7 or 8(2) waste exemption.
If you choose to apply for a new EASR authorisation it will not take effect until 1 November. To avoid disproportionate regulatory burden on businesses, a temporary regulatory position statement has been put in place to allow operators to continue to operate under their Paragraph 7 or 8(2) waste exemption as long as:
- You have applied for an EASR authorisation before the expiry date of your exemption.
- Your application is for an authorisation that covers the same location/s registered under the exemption.
- You comply with the conditions of your exemption until 1 November 2025 or until we conclude your application.
If you choose to renew your exemption, it will be valid for 12 months from date of renewal. You will not be able to renew the exemption after it expires and will have to apply for am EASR authorisation before the expiry date.
Existing Paragraph 7 or 8(2) waste exemptions due to expire after 1 November 2025
You will not be able to renew a Paragraph 7 or 8(2) waste exemption after 31 October 2025. If you currently have an exemption that will expire after 1 November 2025, you will need to apply for a new EASR authorisation.